Legal Reconstruction on Reasons for Filing Divorce due to Acts of Household Violence Based on Justice Value

Abstract

Marriages carried out between husband and wife, sometimes cannot run as the purpose of marriage. If it cannot be maintained, then the path taken is divorce. In Article 19 Paragraph (4) states that the reason that can be used in filing for divorce is that one party commits cruelty or severe abuse that endangers the other party which is also a form of domestic violence and can be the cause of disputes and conflicts that occur in the household. Acts of domestic violence are not limited to physical violence in the form of abuse such as: slapping, hitting, kicking and even killing. As for the form of persecution that is psychological or psychological violence. Research Objectives: To analyze what are the current weaknesses in the Regulation on Reasons for Filing Divorce Due to Domestic Violence; To find out how to reconstruct the Law on Reasons for Filing Divorce Due to Domestic Violence based on justice. The research method uses the Constructivism Paradigm with non-doctrinal legal research with an empirical juridical approach. The study results show that (1) Weaknesses in the Regulation on Reasons for Filing for Divorce Due to Domestic Violence. Weaknesses in a legal substance: Elucidation of Article 39 Paragraph (2) of the Marriage Law and Article 19 letter d of Government Regulation 9 of 1975 only provides rules for physical violence. Weaknesses in the legal structure: The weak mentality of law enforcement officials results in law enforcement not working as it should. Weaknesses in legal culture: Domestic violence is a problem that is closely related to gender bias which is common in patriarchal societies. (2) Reconstruction of Regulations on Reasons for Filing Divorce Due to Acts of Domestic Violence. The formulations in Article 39 Paragraph (2) and the Explanatory Articles of the Marriage Law do not contain forms other than physical violence, such as psychological violence and sexual violence.